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   State Courts - Alaska - January 10, 2001

  
David v. State, Court of Appeals No. A-7652, No. 4336, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: Imposition of a five-year sentence following appellant's conviction for burglary was not excessive.

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Fitzgerald v. Municipality of Anchorage, Court of Appeals No. A-7406, No. 4329, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: In a vehicle tampering case, the trial court issued an illegal sentence in excess of the six-month maximum.

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Frank v. State, Court of Appeals No. A-7375, No. 4328, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: Trial judge did not err in dismissing as untimely appellant's application for post-conviction relief; almost all of the issues raised were an attempt to relitigate issue appellant unsuccessfully raised in his direct appeal.

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Gail v. Tobin, Court of Appeals No. A-7574, No. 4333, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: Appellant's composite sentence of 40 years with 10 years suspended for murder in the second degree and assault in the third degree was not excessive.

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Hargrave v. Municipality of Anchorage, Court of Appeals No. A-7189, No. 4340, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: Appellant could not be convicted for exercising his constitutionally protected right to refuse police admission to his residence because they had no warrant.

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Lewandowski v. State, Court of Appeals No. A-7578, No. 4331, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: The trial court's rejection of appellant's proffered mitigating sentence factor was proper; while a pellet gun used by appellant was inoperable, an accomplice was armed with two knives, and appellant and his accomplice planned the robbery.

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Mute v. State, Court of Appeals No. A-7397, No. 4338, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: Applicant did not overcome presumption in either postconviction relief application or in affidavits he submitted in regard to his application that his trial counsel acted competently and made decisions guided by sound tactical considerations.

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Norris v. State, Court of Appeals No. A-7601, No. 4334, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: Appellant's failures on probation were sufficient to justify the trial court's imposition of a sentence of three years' imprisonment.

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Samskar v. State, Court of Appeals No. A-7186, No. 4339, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: The State failed to prove the intoxication element of fourth-degree weapons misconduct but a jury could have found defendant's actions of firing a gun in a trailer park amounted to assault and reckless endangerment.

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Schouten v. Municipality of Anchorage, Court of Appeals No. A-7606, No. 4335, COURT OF APPEALS OF ALASKA, January 10, 2001, Decided
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Overview: Police had reasonable suspicion to suspect criminal activity and contact appellant. It was permissible, after noticing evidence of intoxication, to shift the contact's focus to determine whether appellant was driving while intoxicated.

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